Morning journal and courier., 1887-11-07
THE VACANT JUDGEsHIP.

| | The Superior Court Bench Short Handed-The Governors Powers in I the Matter.
 The resignation of Judge Stoddard from
 the bench, to take effect January 1, the an- | nouncement of which was first made in the columns of the JOURNAL AND COURIER, has ] created much interest inlegal circles through out the State The subject of the appoint meut of his successor is discussed in many of the State papers Mr. G. E. Perkins, one of Hartford's leading attorneys, said on Satur- | day: If, as has been stated, the Governor | could not appoint it left the Superior court bench very short handed and might cause considerable delay in the trial of cases. With six Superior court judges, even with the as- sistance of the Supreme court judges, there | had been difficulty in keeping business caught up. The loss of Judge Stoddard | would probably prevent January term in Hartford county, and there are so few judges | that December term had already been given up. On the other hand, Judge Sanford had | not been pushed this term and had held | court three weeks and had only one contested ! case The trouble lies, said MT. Perkins, in | the making of terms by the legislature. They keep making terms and there are so l many already that the judges cannot cover them all.
 ' special session of the legislature to fill the vacancy if the Governor has not power to appoint?" asked the reporter. "Well," said Mr Perkins, Git is a considerable thing to call session of the legislature. I should hardly think it would be necessary" MT. Henry c. Robinson said the resigna- ton need have no effect on business in the courts, as Judge Stoddard would continue for the present, and meantime Governor Lounsbury could decide on new appoint ment, which, being made, would hold good until the first Wednesday in February, 1889, whether there were special session of the legislature or not Thus there need be no interval when the number of judges on the bench is reduced. The act which gives this power of appointment was passed last winter and may be found on page 735 of the public acts of 1887. It reads:
 Any vacancy that shall occur in any office orig- naIIy filled by the General Assembly. or either branch thereof or by the Governor, with the ad-
 vice and consent of the Senate may, in the absence
 of other provision, be flied by the Governor until the first Wednesday of February, 1S89
 The appointment of Superior court judges
 is provided for by the 26th amendment to
 the constitution, adopted in 1887 as follows: The judges of the Supreme Court of Errors and
 of the Superior court shall upon nomination Of the in such manner as may by law be prescribed. The provision by law as to the form of election was made in 1882. It deals merely with the details of the way in which the election shall be conducted, the power of the Governor to recall nomination before it has been acted on, and his duty to make a new nomination within certain time in case one already sent is not approved.
 The Hon. John R. Buck said the entire list of judges to act in the Superior court was but eleven men, five of whom were on the Supreme court bench. This leaves six judges to hold court regularly, and if Judge Stoddard's resignation takes effect next Jan uary there would be more than year with
 only five Superior court judges. There had
 been an effort seven or eight years ago to get
 business cleared away and he thought more
 rather than less judges were needed.
 The Hartford Courant says editorially:
 Judge Stoddard, who resigns so suddenly from
 the bench of the Superior court, was the youngest
 % P % oL sa @ os nf t6in the one
 sonaby looked forward to the chief justiceship es
 fudges Time will of necessity. make consderabie
 changes at no very distant day. The reason that
 would lead nm in to to forego all that imagination
 ton must therefore be strong one, whether it be
 the pressure of work upon delicate health or the
 prospects of an independent practice. Judge Stod-
 dard has been prompt in his decisions and has turn
 ed off business with much facility, and has, been
 recognized as active force on the bench, though
 the sharp things he has said at times have not al
 ways pleased those whom they happened to hit
 He is a Democrat and it is likely that his success
 will be of the same party. The danger of mal1-
 ing judgeships party prize is serious one and the
 practice can work both ways The De nocratic party tisan retaliation should occasion offer. The Repub- policy.
 From what appears elsewhere it is likely that the talk of an extra session being necessary to fill the cances lets the Governor appoint ad interim to 1889 and it does not to conflict with the con- stitutonal amendment.